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Delhi Govt vs LG| Centre's Plea For Larger Bench Reference At Fag End Of Hearing Takes Supreme Court By Surprise
The Supreme Court on Wednesday expressed surprise at the plea made by the Central Government to refer the 2018 judgment in the GNCTD vs Union of India case to a larger bench, at the fag end of the hearing in the dispute relating to control of civil services in the Delhi Government.A 5-judge bench led by Chief Justice of India DY Chandrachud had been hearing the matter since January 10,...
SIMI Ban | Organisations Seeking To Establish Islamic Rule In India Cannot Be Allowed To Exist : Centre Tells Supreme Court
The Central Government has filed a counter-affidavit in the Supreme Court justifying the ban imposed on Students Islamic Movement of India(SIMI). Extensively referring to the Constitution of SIMI, which speaks of objectives like "establishment of Islamic system in my country", the Centre said that such a Constitution "must be seen as in direct conflict with the democratic sovereign setup of...
Joining Disciplined Force After Suppressing Criminal Cases A Grave Misconduct : Supreme Court Approves Removal Of CISF Personnel
Observing that entering the service of a disciplined force like CISF by suppressing criminal cases is a "gross misconduct", the Supreme Court approved the dismissal of a personnel.The bench comprising of Justices Ajay Rastogi and Bela M. Trivedi held that the power of judicial review exercised by a Court or a Tribunal against the orders of a departmental enquiry committee is only limited...
Judicial Services| Plea To Increase Quota For LDCE & Reduce Eligibility Years : Supreme Court Refers To 3-Judge Bench
Last week, the Supreme Court directed a batch of applications seeking, inter alia, an enhancement of the number of seats reserved for promotion to higher judicial services through a limited departmental competitive examination (LDCE), and the reduction in the requirement of 10 years minimum qualifying service to seven years for successful LDCE candidates. A division bench...
Supreme Court Allows NGT Judicial Member To Continue Beyond Term Till Appointment Of New Member
Supreme Court of India directed that the National Green Tribunal to allow Justice Sheo Kumar Singh to hold office as a member of the tribunal until the process of selection of the Judicial Members was completed and the new Judicial Members took charge. A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was considering an application filed by Enviro Legal Defence Firm....
Kerala HC Ignored Binding Precedent To Hold Bishops Can't Alienate Church Assets : Catholic Diocese Argue Before Supreme Court
The Kerala High Court's observation that Bishops have no power to alienate the assets of church is against an earlier judgment of the High Court itself which held that church assets are not public trusts, submitted a Catholic diocese before the Supreme Court on Tuesday.Senior Advocate Chander Uday Singh, appearing for the Eparchy of Bathery, informed a bench comprising Justices Dinesh...
Arbitration Agreements Liable To Stamp Duty : Amicus Curiae Tells Supreme Court Constitution Bench
A Constitution Bench of the Supreme Court, on Tuesday, commenced with the hearing of reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.On a previous occasion, a 5-Judge Bench comprising Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha...
Right To Die : How To Make Directions On "Living Will" Workable? Supreme Court Constitution Bench Discusses
A Constitution Bench of the Supreme Court, on Tuesday, commenced with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognizing 'passive euthanasia' in Common Cause v. Union of India And Anr.During the course of the hearing, it was made abundantly clear that the directions...
Delhi Govt vs LG | Won't Lack Of Posting Power Dilute Functional Control Over Civil Servants? Supreme Court Asks Centre
The Supreme Court on Tuesday resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of DelhiThe five-judge bench of Chief Justice D. Y. Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard SG Tushar Mehta for the Centre and Senior Advocate Dr....
Supreme Court Dismisses Vijay Mallya's Petitions After Lawyer Says He Has No Instructions From Client
The Supreme Court on Monday dismissed two special leave petitions filed by fugitive businessman Vijay Mallya, after his lawyer informed the bench that he has received no instructions from the client despite several attempts.In that view of the matter, the bench led by Chief Justice of India dismissed Mallya's petitions for non-prosecution. The Court also allowed the application filed by...
'Last Seen' Circumstance Cannot Be Sole Basis For Conviction : Supreme Court Acquits Murder Accused
The court should not convict an accused only on the basis of the “last seen” circumstance, the Supreme Court observed while setting aside concurrent conviction of murder accused.The bench of Justices S. Ravindra Bhat and P S Narasimha observed that the “last seen” doctrine has limited application, where the time lag between the time the deceased was seen last with the accused, and...